Terms and Conditions
About Fabiia Limited
www.fabiia-australia.com is a website operated by Fabiia Limited, whose details are as mentioned below:
Business address: Fabiia Limited, G08, The Light Box, 111 Power Road, Chiswick, London W4 5PY, United Kingdom
Registered address: Fabiia Limited, Summit House, 4-5 Mitchell Street, Edinburgh EH6 7BD, United Kingdom
UK: 0208 706 0809
International: +44 208 706 0809
Company Registration Number (UK): SC270027
VAT Registration Number (UK): 865 2325 20
“We”, “us”, “our” and “Fabiia” refers to Fabiia Limited. “You” and “your” refers to the person using and/or placing an order on Fabiia’s website.
All orders placed on this website will be subject to acceptance in accordance with these Terms and Conditions. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these terms and conditions please contact our Customer Care Team on the contact details given on this website and in our terms and conditions before placing an order with us. Placement of the order will be considered as you having read and accepted these terms and conditions.
We reserve the right to revise and amend these terms and conditions from time to time. However the terms and conditions existing at the time of placing your order will be applicable for that order. You are therefore advised to read our terms and conditions before placing any order on our website, and this would be applicable even if you have previously purchased a product from us.
We also reserve the right to refuse delivery to any individual or company, the right to cancel the order after it has been placed, the right to discontinue products or change specifications and prices of our products without having to give any reason to do so for any of these situations. In any of these situations the money that has been paid by you to purchase the product(s) and the delivery charge will be returned in full, and we will not be obliged for any further financial compensation to you.
We will take all reasonable steps to ensure a reliable service of our website. We cannot guarantee that your use of our website will be interruption or error free. We will not be responsible for any disruption, loss of or corruption of any material in transit, or loss of or corruption of material or data when downloaded onto any computer system.
We will not be liable to you or be deemed to be in breach of these terms and conditions or any other contract with you by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond our reasonable control.
Our maximum liability in connection with our terms and conditions or use of our website will be limited to the price paid for any products purchased by you.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
How can you contact us?
You could contact us by emailing us, telephoning us or writing to us to our business address.
How will we contact you?
We will contact you by email or call you on your telephone/mobile or by writing to you using the contact details that you have provided at the time of order placement. When we use the words “writing” or “written” in our terms, this includes emails. We may contact you using any of our email addresses with regards to your order and its progress. . We will also contact you after your order had been delivered to get feedback on our products and service. By providing us your contact details at the time of order placement you consent to us contacting you for the purpose of completing your order delivery and subsequent feedback. You could withdraw this consent at any time after placing the order by contacting us.
Prices of Products
Our prices displayed on our website exclude Value Added Tax (VAT) and are in Australian dollars (AUD). Prices displayed exclude delivery charges. Please see the Delivery section below for details of our delivery charges.
You will need to select and add the product to the cart and proceed to get a price quote for delivery, the process of which is mentioned in the Delivery section below. Our team will get back to you with a price for delivery and if that is agreeable to you we will email you an invoice which will have the price of the products and agreed delivery charge. You could choose to make the payment to us either by bank transfer or if you wish we will email you a PayPal invoice which will have a weblink using which you could make the payment via PayPal. You do not need to have a PayPal account to make the payment using PayPal as PayPal permits payment using Credit/Debit cards without having a PayPal account. After we have received payment from you we will process your order.
We will deliver your order as detailed in the invoice which you have paid – either to the nearest seaport/airport, or to your address. The charges for delivery to the nearest seaport/airport, or to your address will be different and you will have the opportunity during the delivery quotation process to discuss and decide which delivery option you would prefer. You will also have the option to collect the products from United Kingdom using your own shipping agent/freight forwarder. In that case we will not charge you for the delivery of the products. Our delivery process does not cover for any customs clearance charges or any other local taxes that may be levied by the country of delivery, and all these charges will need to be paid by you to the respective authorities. We will not be able to advise you about these charges/taxes and it would therefore be best if you could find out about the customs clearance charges or any other local taxes as you would be liable to pay them. Ownership of the products will pass on to you when the products are delivered to you at the agreed delivery point.
Help & Advise
If you require any assistance in placing your order online please contact us on the contact details given on our website and in these terms and conditions and our Customer Care Team will be happy to assist you through the order process.
Please ensure that the products that you have ordered from us will pass freely into your room of choice, they fit in that room, are compatible with your other furnishings, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible. It will be your responsibility to check and determine your full ability to receive the products ordered.
Bespoke Products: By placing an order for a non-standard, customised, made-to-order or special order product with us, you are deemed to have considered the factors listed above and any others that might affect the order, and accept that you are entirely satisfied that it is the correct product for you. You will not be able to change the order once the item has been entered into production. Please contact us before placing an order on our website if you need any clarification about this.
Please note that our usual exchange and refund policy does not apply to non-standard, customised, made-to-order or special order products, which cannot be returned or exchanged unless faulty.
There may be a slight variation in the products compared to what is shown in their images on our website. The colour reproduction of the products is a close representation and computer browsers may present colours slightly differently. We therefore cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you. The products manufactured for you may also vary slightly from the images shown as some of our products are handmade. Natural materials like wood or leather due to the inherent nature of such materials cannot be guaranteed to have the same colour, shade, pattern or finish as shown on the website but we will try our best to match them as much as we can to the image(s) and specifications shown on our website.
Plastic products or parts used in the manufacture of the product may have moulding marks as part of the manufacturing process. Our glass products are mostly handmade and minor imperfections are part of the design and not to be considered as a fault.
Our products will be sold to you on the basis of them being used for domestic use only. Please ensure that you have adequate insurance if you are using them for business purposes and it will be your responsibility to ensure that the products are fit for use for a particular purpose. There will be no right to return or have a refund for products purchased for business purpose unless they are faulty in which case we will rectify/repair the faulty product for you.
Delivery of the products
As we have detailed in our ‘Ordering process’ section we will first quote you a price for the delivery and after you have discussed with us and are satisfied with the price quote we will issue you an invoice. The invoice will mention the delivery point – either to the nearest seaport/airport, or to your address. The charges for delivery to the nearest seaport/airport, or to your address will be different and you will have the opportunity during the delivery quotation process to discuss and decide which delivery option you would prefer. You will also have the option to collect the products from United Kingdom using your own shipping agent/freight forwarder. In that case we will not charge you for the delivery of the products. Our delivery process does not cover for any customs clearance charges or any other local taxes that may be levied by the country of delivery, and all these charges will need to be paid by you to the respective authorities. We will not be able to advise you about these charges/taxes and it would therefore be best if you could find out about the customs clearance charges or any other local taxes as you would be liable to pay them.
For all international deliveries that are not covered by any of our multicountry/multicurrency websites, please contact our customer care on Email: firstname.lastname@example.org or call us on +44(0) 208 706 0809 to discuss the shipping mode and shipping price. International deliveries can take between 5-21 days depending on the items ordered as well as the mode of transport selected, eg; air freight or sea freight. We can assist you throughout the process from order through to delivery.
We would advise you to retain the original packing materials as you will need to pack the products with it in case you decide to return the standard products that are covered by our returns policy.
We will advise you at the time you place the order on the estimated time of delivery of the products. If due to unforeseen circumstances the delivery gets delayed, then we will contact you to update you on the new approximate expected delivery date.
Whist we will make every effort to deliver within the time stated on our site, we will not be liable for any loss caused to you by any late delivery or failure to deliver within the estimated timescales. We may send your order in multiple shipments and/or from multiple warehouse(s) based in different countries if your order contains more than one product; or if stock of all products is not available with us; or if your order has a non-standard, customised, made-to-order or special order product. However, you will be not be charged any additional delivery charge if this was to occur. Ownership of the products will pass on to you when the products are delivered to you at the agreed delivery point.
As per Consumer Contracts Regulations 2013 (United Kingdom) you have a legal right to change your mind within 14 days of receiving the product and receive a refund. We will refund you the price you paid for the Products including delivery costs, by the method you used for payment. However, you do not have a right to change your mind in respect of non-standard, customised, bespoke, made to order, made to measure or special order products and these products cannot be returned or refunded. Please note that you will need to bear the cost of returning the products to us along with its original packaging, and it will be your responsibility for the products till they reach our warehouse. We will charge you a fee of AUD 150/- per item if the products are not returned with their original packaging. We will also charge you if the products are damaged in any way, show any sign of usage that would decrease the value of the product, or by your handling them in a way which would not be permitted in a shop
Please contact us to inform us if you would like to return your products and following that we will let you know the address of our warehouse to which the products being returned will need to be sent.
Your right to cancel the order for non-standard, customised, bespoke, made to order, made to measure or special order products
We can understand that you could have made an error in your order for non-standard, customised, bespoke, made to order, made to measure or special order products, or may wish to cancel your order for any reason and to help you with this we will give you 48 hours after you have placed your order to cancel the order for a full refund. During this time the order will not be put for production. Please contact us by email or telephone within 48 hours after placement of your order if you wish to cancel your order for a full refund of the money you have paid. If you have placed the order after 17:00 on any Friday then you will have time till 10:00 on the following Monday to cancel your order, or 48 hours whichever is of longer duration. After the end of the time permitted for this cancellation your order will go into production and no further changes to the order will be possible and the order cannot be cancelled or the product returned as it will be manufactured for you.
Our right to cancel your order
We may cancel a part of the order or the entire order if for any reason we are unable to manufacture the product for you after you have placed the order. This could be due to situations out with our control in the manufacturing process. In that case we will refund you the money you paid for the products cancelled along with its delivery charge that you would have paid to us. We will not be liable for any further financial compensation to you.
Please contact us in case there is a fault in any of our product supplied, and we will advise you on the next steps to rectify the situation. For the avoidance of doubt, light scratches, blemishes and subtle differences in colour shall not be considered ‘material defects’. You will have a right to return and claim refund for standard products. However for non-standard, customised, made-to-order or special order products we will first try to rectify the fault and if that is not possible either make another similar product or refund you the money. We will pay the cost of returning the faulty product back to us. Do note that this policy does not cover defects or damages resulting from accident, misuse, abuse, neglect of maintenance, unusual physical stress, modification, improper testing, operation, maintenance or installation of the product, in which case you will be liable for the damage to the product.
Copyright, Trademarks and other Intellectual Property Rights
All copyright, trademarks and other intellectual property rights of all material on our website, or content supplied as part of this website, or via any other medium shall remain at all times vested in us. The trademarks and other intellectual property rights of any of our designer brands that we work with shall remain at all times vested with the respective designer brands. You are permitted to use this material only as expressly authorized by us.
You are not permitted to copy, reproduce, transmit, publish, display, distribute, commercially exploit or create any part of our website, including all intellectual property rights unless expressly preauthorised and permitted by us.
Disclaimer and Limitations of Liability
We do not seek to exclude or limit liability for death or personal injury arising from our negligence or that of our members, agents, directors or employees or for any fraudulent misrepresentation. To the fullest extent permitted by law and save as provided above, we shall not be liable to you by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, or in negligence (whether on the part of us or any of our members, agents, directors, employees or otherwise) for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you. The entire liability of Fabiia Limited under or in connection with any contract for any products to which these conditions apply shall not exceed the price of the products, except as expressly provided in these conditions.
These terms are governed by English law and you must bring legal proceedings in respect of the products in the courts of England and Wales in United Kingdom.